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Alarm installation company entitled to ongoing commission despite establishment of own monitoring service
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Court of Appeal upholds the High Court's decision that an alarm installation company ("Action") was entitled to continue receiving commission payments from an alarm monitoring company ("Top") for customers introduced by Action and who remained with Top's monitoring service, even after Action established its own competing monitoring service, on the grounds that there was no implied term in a 1989 agreement that would end Top's obligation to pay commissions, and that Action provided sufficient ongoing services to warrant the commission payments.
Alarm installation company - alarm monitoring company - commission payments - competing monitoring service - 1989 agreement, -binding agreement - implied term - ongoing services - Courts Act interest - contract debt - conduct of parties - entitlement to commission - transfer of customers - non-penalisation - repudiatory breach - High Court - Court of Appeal.
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